S1253-2011 Actions

• Jan 4, 2012: REFERRED TO AGRICULTURE
• May 11, 2011: PRINT NUMBER 1253A
• May 11, 2011: AMEND AND RECOMMIT TO AGRICULTURE
• Jan 6, 2011: REFERRED TO AGRICULTURE

S1253-2011 Memo

BILL NUMBER:S1253

TITLE OF BILL:
An act
to amend the agriculture and markets law,
in relation to the sale of birds by pet dealers

PURPOSE:
To ensure the humane health of bird species before sale to the public,
and the assurance that the public are purchasing optimal health birds.

SUMMARY OF PROVISIONS:
An amendment is made to Section 402, subdivision 1, of the Agriculture
and Markets law.

EXISTING LAW:
There are no existing laws for optimal health of bird species in pet
dealer stores.

JUSTIFICATION:
The public is usually unaware of a bird species health in pet dealer
stores. While no pet dealer shall knowingly sell any cat or dog
younger than eight weeks of age, a bird can be sold at a young age
since there are no restrictions in place to prohibit a pet dealer
from performing this act. Birds need to sustain a certain weight in
order to fend and feed for themselves, so it is vital that they are
sold at a later time.

This act, .should it become law, would require pet dealers to offer
for sale to the public those birds who sustain at least ninety of
their respective body weight and no longer require "hand-feeding"
from a pet dealer and/or the public. To ensure further oversight, pet
dealers will be required to document the body weight of hand-fed
birds less than one year of age and note this weight on the sales
receipt.

LEGISLATIVE HISTORY:
2009-2010: S.4130 - Passed Consumer protection; Referred to Codes.
Referred back to Consumer Protection for the 2010 legislative session.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Shall take effect on the sixtieth day after it becomes law.

S1253-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1253
 2011-2012 Regular Sessions
 I N  SENATE
 January 6, 2011
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
 printed to be committed to the Committee on Agriculture
 

AN ACT to amend the agriculture and markets law, in relation to the sale
 of birds by pet dealers
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.    Subdivision  1  of  section  402 of the agriculture and
 markets law, as added by chapter 259 of the laws of 2000, is amended  to
 read as follows:

 1.  The  name  and  address  of  the  person from whom each animal was
 acquired. If the person from whom the animal was obtained  is  a  dealer
 licensed  by  the  United States department of agriculture, the person's
 name, address, and federal dealer identification number. In the case  of
 cats,  if a cat is placed in the custody or possession of the pet dealer
 and the source of origin is unknown, the  pet  dealer  shall  state  the
 source of origin as unknown, accompanied by the date, time, and location
 of  receipt.  Notwithstanding the provisions of this subdivision, no pet
 dealer shall knowingly buy, sell, exhibit, transport, or offer for sale,
 exhibition, or transportation any stolen animal.  No  pet  dealer  shall
 knowingly  sell  any cat or dog younger than eight weeks of age.  NO PET
 DEALER SHALL SELL ANY BIRD THAT HAS NOT BEEN FULLY WEANED. FOR  PURPOSES
 OF  THIS  SUBDIVISION, THE TERM "WEANED" SHALL MEAN A BIRD THAT DOES NOT
 REQUIRE HAND-FEEDING OR ANIMAL ASSISTANCE TO  SUSTAIN  AT  LEAST  NINETY
 PERCENT  OF  ITS  OWN  WEIGHT AT THE TIME OF SALE.  FOR PURPOSES OF THIS
 SUBDIVISION, THE TERM "HAND-FEEDING" OR "HAND-FED" MEANS THE PROCESS  BY
 WHICH  A BIRD IS MANUALLY FED BY A HUMAN THROUGH THE USE OF HAND, SPOON,
 OR ORAL GAVAGE. AT THE TIME OF SALE, A PET  DEALER  SHALL  DOCUMENT  THE
 WEIGHT  OF  ANY HAND-FED BIRD UNDER ONE YEAR OF AGE, AND NOTE THE WEIGHT
 ON THE SALES RECEIPT.
 

S 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01386-01-1

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